21st Mortgage Corporation v Combs
Motion No: 2017-05351
Slip Opinion No: 2018 NY Slip Op 69974(U)
Decided on April 18, 2018
Appellate Division, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M248621

E/afa

CHERYL E. CHAMBERS, J.P.

JEFFREY A. COHEN

COLLEEN D. DUFFY

FRANCESCA E. CONNOLLY, JJ.

2017-05351

21st Mortgage Corporation, etc., respondent,

v Lois Combs, appellant, et al., defendants.

(Index No. 11894/14)

(Appeal No. 1)

DECISION & ORDER ON MOTION

2017-08919

21st Mortgage Corporation, etc., respondent,

v Lois Combs, appellant, et al., defendants.

(Index No. 11894/14)

(Appeal No. 2)

Motion by the appellant to enlarge the time to perfect appeals from a decision of the Supreme Court, Kings County, dated April 19, 2017, and an order of the same court dated July 1, 2017.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that on the Court's own motion, the appeals are dismissed, without costs or disbursements, on the grounds that no appeal lies from a decision (see Schicchi v J.A. Green Constr. Co., 100 AD2d 509), and no appeal lies from an order denying a motion to vacate a decision (see Matter of Colonial Penn Ins. Co. v Culley, 144 AD2d 363; DeFalco v JRS Confectionary, 118 AD2d 752); and it is further,

ORDERED that the motion is denied as academic.

CHAMBERS, J.P., COHEN, DUFFY and CONNOLLY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court